Marine Transportation Security Regulations (SOR/2004-144)

Submission and Approval

• 352 (1) If the Minister is satisfied that a marine facility security plan meets the requirements of this Part, the Minister shall approve the plan and issue a letter of approval certifying that the plan meets the requirements of this Part, unless approving the plan is not in the public interest and is likely to adversely affect marine transportation security.

• (2) Subject to subsection 351(7), a plan is valid for the period fixed by the Minister, not exceeding five years after the day on which it is approved by the Minister. In fixing the period, the Minister shall consider the following:

  • (a) the marine facility’s operations and the industry in which it operates;

  • (b) the operator’s security record;

  • (c) the marine facility’s security record;

  • (d) the complexity of the marine facility security plan and the details of its procedures; and

  • (e) the findings of the marine facility security assessment.

• (3) The Minister shall issue, in English or French, an interim statement of compliance in respect of a marine facility if the marine facility security plan has been approved but a security inspector has not yet conducted an inspection under section 23 of the Act to ensure compliance with the requirements of this Part.

• (4) The interim statement of compliance is valid until the expiry of six months after the day on which it is issued or until a statement of compliance is issued under subsection (5), whichever comes first.

• (5) If the Minister is satisfied, on the basis of an inspection conducted under section 23 of the Act, that the requirements of this Part have been met, the Minister shall issue, in English or French, a statement of compliance in respect of the marine facility.

• (6) The interim statement of compliance and the statement of compliance are valid while the approved security plan in respect of the marine facility is valid.

Required Documentation

353 No person shall operate a marine facility, except an occasional-use marine facility, without a valid interim statement of compliance issued under subsection 352(3) or a valid statement of compliance issued under subsection 352(5).

[354 reserved]

Occasional-Use Marine Facilities

Operator

355 The operator of an occasional-use marine facility shall

• (a) establish an administrative and organizational structure for security at the marine facility;

• (b) provide every person who has responsibilities under this Part with the support needed to fulfil their responsibilities;

• (c) designate in writing an occasional-use marine facility security officer by name or by a position other than the position for which the designation is being made;

• (d) ensure that the implementation of the marine facility security procedures is coordinated with vessels interfacing with the marine facility;

• (e) coordinate, with the master of a vessel and, if applicable, the port security officer, shore leave for vessel personnel or crew change, as well as access through the marine facility of visitors to vessels, including representatives of seafarers’ welfare and labour organizations;

• (f) provide information respecting the security of the facility to those persons who need it to comply with these Regulations; and

• (g) clearly mark with signs each restricted area at the marine facility.

Occasional-Use Marine Facility Security Officer

General

• 356 (1) An occasional-use marine facility security officer may

  • (a) act in that capacity for more than one occasional-use marine facility if they are able to fulfil the responsibilities for each occasional-use marine facility;

  • (b) have other responsibilities within the operator’s organization if they are able to fulfil their responsibilities; and

  • (c) delegate tasks required by section 358.

• (2) An occasional-use marine facility security officer remains responsible for the performance of the tasks they delegate.

Qualifications

357 An occasional-use marine facility security officer shall have, by training or job experience, knowledge and competence that is relevant to the industry in which the marine facility operates and is in the following areas:

• (a) the administrative and organizational structure for security at the occasional-use marine facility;

• (b) the operations and operating conditions of the occasional-use marine facility and vessels;

• (c) the security procedures of the occasional-use marine facility, vessels and port, including the meaning and the requirements of the different MARSEC levels;

• (d) emergency preparedness and response and contingency planning;

• (e) security equipment and systems and their operational limitations;

• (f) relevant international conventions, codes, standards and recommendations;

• (g) relevant legislation, regulations and security measures, rules and procedures; and

• (h) the responsibilities and functions of municipal, provincial and federal law enforcement agencies.

Responsibilities

358 An occasional-use marine facility security officer shall

• (a) ensure security awareness and vigilance at the occasional-use marine facility, including awareness of changes in the MARSEC level and other circumstances that might affect work conditions there;

• (b) ensure that appropriate security training is provided to personnel at the occasional-use marine facility in accordance with this Part;

• (c) report security incidents to the appropriate law enforcement agencies and the Minister as soon as possible after they occur so that an investigation can be conducted;

• (d) coordinate the signing and implementation of the declaration of security between the occasional-use marine facility and interfacing vessel;

• (e) shall, in the case of an interface with a vessel to which Part 2 applies, ensure that

  • (i) security sweeps are performed before and after the interface in order to confirm the absence of security threats, dangerous substances or devices, and

  • (ii) implement any temporary security procedures that are required during the interface; and

• (f) keep records of security sweeps and declarations of security in respect of the occasional-use marine facility and send a copy of each declaration of security to the Minister.

Security Procedures

• 359 (1) Security procedures shall be established for an occasional-use marine facility. The security procedures shall include

  • (a) a description of the organization of the occasional-use marine facility in terms of security, including the tasks of marine facility personnel with security responsibilities;

  • (b) the name of the operator and the name and position of the occasional-use marine facility security officer, including information on how they may be contacted at any time;

  • (c) a description of procedures for:

    • (i) responding to changes in the MARSEC level,

    • (ii) interfacing, at each MARSEC level, with vessels to which Part 2 applies,

    • (iii) coordinating, with the master of a vessel and, if applicable, the port security officer, shore leave for vessel personnel or crew change, as well as access to the vessel by visitors passing through the occasional-use marine facility,

    • (iv) reporting security incidents to the appropriate law enforcement agencies, the Minister and, if applicable, the port administration,

    • (v) meeting the requirements respecting declarations of security,

    • (vi) implementing any temporary security procedures that are required during an interface,

    • (vii) keeping the records referred to in paragraph 358(f),

    • (viii) as appropriate to the occasional-use marine facility’s operations, briefing marine facility personnel on potential threats to security and on the need for vigilance and for their assistance in reporting suspicious persons, objects or activities, at each MARSEC level, and

    • (ix) as appropriate to the occasional-use marine facility’s operations, performing the security sweeps required by paragraph 358(e).

• (2) The security procedures established for an occasional-use marine facility shall also include procedures, as appropriate to the marine facility’s operations, to control access to the marine facility at each MARSEC level and to

  • (a) deter the unauthorized entry of weapons, explosives and incendiaries, including any device that could be used to damage or destroy marine facilities or vessels or harm individuals;

  • (b) secure any weapons, explosives, incendiaries or other dangerous substances and devices that are authorized by the operator to be at the occasional-use marine facility;

  • (c) identify the locations at which restrictions or prohibitions to prevent unauthorized access are to be applied for each MARSEC level and specify that each location allowing access to the occasional-use marine facility is to be addressed;

  • (d) identify the types of restrictions or prohibitions to be applied and the means of applying them;

  • (e) establish the means of identification required to allow persons and vehicles to have access to or remain in the occasional-use marine facility without challenge; and

  • (f) identify the locations at which the authorized screening of persons and goods, including vehicles, is to be conducted, and ensure that these locations are covered in order to enable continuous screening regardless of weather conditions.

Approval of Security Procedures

• 360 (1) If the Minister is satisfied that the security procedures for an occasional-use marine facility meet the requirements of section 359, the Minister shall approve the security procedures and issue a letter of compliance certifying that they meet the requirements of this Part, unless approving the security procedures is not in the public interest and is likely to adversely affect marine transportation security.

• (2) Security procedures are valid for the period fixed by the Minister, which shall not exceed five years after the day on which they are approved by the Minister. In fixing the period, the Minister shall consider the following:

  • (a) the marine facility’s operations and the industry in which it operates;

  • (b) the operator’s security record;

  • (c) the marine facility’s security record; and

  • (d) the complexity of the security procedures of the marine facility and the details of those procedures.

Required Documentation

360.1 No person shall operate an occasional-use marine facility without a valid letter of compliance issued under subsection 360(1).

Ports

361 [Repealed, SOR/2014-162, s. 41]

Responsibilities of the Port Administration

362 A port administration shall

• (a) establish, convene, and direct a port security committee;

• (b) designate in writing, by name, a port security officer who will chair the port security committee;

• (c) conduct an on-site survey and submit to the Minister the security assessment information respecting the port;

• (d) provide the Minister with the information that is necessary to conduct a vulnerability assessment;

• (e) submit a port security plan, and any amendment, to the Minister for approval;

• (f) ensure the coordination of marine transportation security in consultation with the port security committee;

• (g) ensure that the requirements of sections 363 to 375, 384 to 386 and 392, subsection 393(2) and section 394 are fulfilled;

• (h) operate the port in accordance with the port security plan; and

• (i) clearly mark with signs each restricted area at the port.

Responsibilities of the Port Security Officer

363 The port security officer shall develop a port security plan with the marine facility security officers at the port and in consultation with representatives of federal departments and agencies, provincial and municipal governments, appropriate law enforcement agencies, emergency response providers, employers and labour at the port.

Responsibilities of the Port Security Committee

• 364 (1) The port security committee shall coordinate marine transportation security, which may include

  • (a) the identification of critical infrastructure and operations;

  • (b) the identification of risks, threats, vulnerabilities and consequences;

  • (c) the determination of mitigation strategies and implementation methods; and

  • (d) the establishment of a process to continually evaluate marine transportation security.

• (2) The port security committee shall meet at least once a year for the purpose of reviewing its responsibilities that result from the application of subsection (1) and determining on that basis whether any modifications are required to the port security plan.